Working rights of people past retirement age boosted

China will further tighten the working rights protection of people past retirement age who have returned or want to return to the job market, according to a draft regulation.

Five central departments including the Ministry of Human Resources and Social Security, the National Health Commission and the Ministry of Emergency Management jointly released the draft regulation on Thursday.

It is the nation's first document focusing on people past retirement age and their working benefits, as reported by the Xinhua News Agency, and is currently soliciting public opinion till Aug 31.

Under the proposed regulation, employers are encouraged to offer appropriate positions to individuals beyond retirement age, considering their expertise, skills and background. They should establish written agreements outlining job responsibilities, work location, hours, breaks, holidays, compensation, social insurance and workplace protections.

The draft stipulates that older workers in regular jobs need to be paid at least the local minimum wage, while prohibiting employers from assigning these workers roles that harm their physical or mental well-being.

Also, it requires employers to give the workers training and education in occupational safety to reduce or avoid accidents and harm during work, adding that the workers will enjoy job-related injury insurance that will also cover occupational diseases.

Yao Junchang, cofounder of W&H Law Firm in Beijing, praised the draft regulation, saying, "It shows China's stronger intensity in protecting people's working rights."

In his view, the written agreement between employers and post-retirement age workers has nearly the same legal validity as standard labor contracts, meaning these older workers enjoy roughly the same working rights and benefits as regular workers.

In recent years, the population of workers beyond retirement age has been increasing due to the shrinking working-age labor force, enhanced education and health conditions among the elderly, and their eagerness to re-enter the job market, according to Li Chang'an, a professor at the University of International Business and Economics.

He said that as the current labor law is not suitable for workers past retirement age, they may face many challenges in gaining working rights or benefits after rejoining the job market. He added that the draft regulation will fill the gap in the law.

Fan Wei, a professor from the School of Labor Economics at the Capital University of Economics and Business, told Xinhua News Agency that the proposed regulation is a necessary step to positively cope with the nation's aging problem, which will support the elderly willing to work by giving them a chance to fulfill their potential without worries.

From Jan 1, China has started to progressively raise the statutory retirement age of male workers from 60 to 63 and for female workers from 50 or 55 to 55 or 58, depending on their jobs or occupations in the last 15 years. The move aims to better use human resources based on scientific analysis of the aging problem.